ASTM E1903-19

4.1.1 This practice is intended for use on a voluntary basis by parties who wish to evaluate known 4.1.2 This practice is intended to meet the business community's need for a written, practical reference describing a scientifically sound approach to investigating a 4.1.2.1 This practice does not address the evaluation of business environmental risks in light of data collected through the Phase II ESA process. Such evaluation is a function of site- and transaction-specific variables, and of the 4.1.2.2 Likewise, this practice does not define the threshold levels at which target analytes pose a concern of significance to the user. Users may apply this practice not only in light of applicable regulatory criteria and relevant liability principles, but also to meet self-defined objectives.

4.1.2.3 If a Phase II ESA conducted in accordance with this practice provides sufficient information from which the 4.1.3 Use Not Limited to CERCLA—This practice is designed to assist a 4.1.4 Site- and Transaction-Specific—The scope of a 4.1.5 Use by Other Parties—This practice does not define whether or to what extent any person other than the user may use or rely upon a Phase II ESA prepared for the 4.2 Principles—The following principles are an integral part of this practice and are intended to be referred to in resolving any ambiguity or exercising such discretion as is accorded the 4.2.1 Elimination of Uncertainty—No 4.2.1.1 Failure to Detect—Even when Phase II ESA work is executed competently and in accordance with this practice, it must be recognized that certain conditions present especially difficult target analyte detection problems. Such conditions may include, but are not limited to, complex geological settings, unusual or generally poorly understood behavior and fate characteristics of certain substances, complex, discontinuous, random, dynamic, or spotty distributions of existing target analytes, physical impediments to investigation imposed by the location of utilities and other man-made objects, and the inherent limitations of assessment technologies.

4.2.1.2 Limitations of Information—The effectiveness of a Phase II ESA may be compromised by limitations or defects in the information used to define the objectives and scope of the investigation, including inability to obtain information concerning historical site uses or prior site assessment activities despite the efforts of the user and Phase II Assessor to obtain such information in accordance with 5.1.3.

4.2.1.3 Chemical Analysis Error—Chemical testing methods have inherent uncertainties and limitations. The Phase II Assessor shall build quality control and quality assurance measures into the assessment, as outlined in Section 7. The 4.2.2 Level of Assessment—Phase II ESAs do not generally require an exhaustive assessment of environmental conditions on a property. There is a point at which the cost of information obtained and the time required to obtain it outweigh the benefit of the information and, in the context of private transactions and contractual responsibilities, may become a material detriment to the orderly conduct of business. If the 4.2.3 Comparison With Subsequent Inquiry—The justification and adequacy of the findings of a Phase II ESA in light of the findings of a subsequent inquiry should be evaluated based on the reasonableness of judgments made at the time and under the circumstances in which they were made.

4.2.4 Data Usability—Investigation data generally only represent the site conditions at the time the data were generated and site conditions can be dynamic. Therefore, the usability of data collected as part of a Phase II ESA may have a finite lifetime depending on the application and use being made of the data. To the extent that investigation data would fall within the scope of data used in a 4.2.5 Phase II Assessor Does Not Provide Legal or Business Advice—The Phase II ESA is intended to develop and present sound, scientifically valid data concerning actual site conditions. It shall not be the role of the Phase II Assessor to provide legal or business advice.